Nevada Business & Law — Section 4: Contracts
Use your NASCLA Contractor’s Guide — Nevada Edition. Tab and highlight: required contract terms, change order rules, payment timing, documentation, dispute procedures, and risk clauses (indemnity, insurance, schedule, differing site conditions). When the exam asks who/what/when, it’s usually in this section.
1) Contract Formation & Required Terms Must-know basics
Elements
- Offer, acceptance, consideration (mutual assent).
- Capacity & authority (signer must be authorized by the entity).
- Lawful purpose and scope matching the contractor’s classification(s).
Typical Required Terms
- Scope of work, plans/specs, price (lump sum or schedule of values), time for completion.
- Change order process (written, priced, approved).
- License number on required consumer contracts/advertising.
- Signatures with printed names/titles for authority clarity.
2) Scope, Documents & Hierarchy What controls?
- Define drawing/spec priority and order of precedence (e.g., addenda > specs > drawings > details) as specified by the contract.
- Include all referenced documents (addenda, RFIs, bulletins) and list them.
- Clarify submittals/shop drawings: review does not change the contract scope unless formally approved.
3) Price, Payment & Retainage Cash-flow rules
Price Types
- Lump sum
- Unit price
- Cost-plus (with/without GMP)
Payment
- Schedule of values; progress vs. milestone billing.
- Include approved change orders and retainage in pay apps.
- Pay-when-paid / pay-if-paid clauses: know definitions and whether the contract allocates this risk.
Documentation
- Lien waivers (conditional/unconditional) tied to payment.
- Certified payroll if public works.
- Closeout: O&M manuals, warranties, as-builts.
4) Changes, Claims & Time COs, RFIs, Delays
- Change Orders: written scope/price/time changes, signed by authorized parties before performing extra work.
- RFIs/Notices: follow notice deadlines and documentation requirements in the contract.
- Delays: excusable vs. non-excusable; remedies may include time extensions and, if allowed, costs.
- Differing Site Conditions: promptly notify, document, and await direction per contract.
5) Risk Clauses: Indemnity, Insurance, Safety Transfer & compliance
Indemnity
- “Hold harmless” obligations—understand scope and caps.
- Flow-down indemnity to subs where appropriate.
Insurance
- Required GL/Auto/WC/umbrella; Additional Insured; Primary & Non-Contributory; Waiver of Subrogation.
- Certificates + endorsements must match contract.
Safety
- Employer duties, competent person, incident reporting.
- Contract may allocate site safety responsibilities.
6) Quality, Warranties & Closeout Finish strong
- Quality standards per specs/reference standards.
- Warranties start at substantial or final completion (per contract); include manufacturers’ paperwork.
- Punch list, training, O&M manuals, as-builts, attic stock, releases/waivers.
7) Subcontracts & Flow-Down Mirror the prime
- Use flow-down clauses so subs accept the same obligations (schedule, safety, indemnity, insurance, documents).
- Back-to-back notice, claim, and dispute timelines.
- Substitution rules and listing (when required by the owner/solicitation).
8) Dispute Resolution & Termination Staying in control
- Escalation: project negotiation → senior negotiation → mediation → arbitration/litigation (per contract).
- Termination for cause vs. for convenience—follow notice and cure procedures.
- Keep contemporaneous records: daily reports, photos, correspondence, cost logs.
Practice Exam — 60 Questions Answers & brief explanations under each
1. A valid construction contract generally requires:
- Offer, acceptance, consideration
- A perfect set of drawings
- An oral promise only
- No authority needed
Answer
A — Core formation elements.
2. Who should sign the contract for a corporation?
- Any field employee
- An authorized officer per resolution/bylaws
- The supplier
- The insurer
Answer
B — Ensure authority.
3. The order of precedence clause helps resolve:
- Payroll disputes
- Conflicts among contract documents
- OSHA inspections
- Sales tax
Answer
B — Which document controls.
4. Written change orders are important because they:
- Decorate the file
- Modify scope/price/time with proof of approval
- Replace the contract
- Avoid signatures
Answer
B — Formal, approved changes.
5. “Pay-when-paid” is best described as:
- A schedule requirement
- Timing language for payment to a sub
- A safety rule
- A lien waiver
Answer
B — Payment timing condition.
6. A “pay-if-paid” clause generally attempts to:
- Guarantee sub payment
- Shift the risk of owner nonpayment to the sub
- Set bonding limits
- Replace retainage
Answer
B — Risk allocation concept.
7. RFIs should be used to:
- Change scope without approval
- Clarify documents and create a written record
- Replace submittals
- Avoid notices
Answer
B — Clarify & document.
8. A schedule delay caused by unusually severe weather is typically:
- Non-excusable
- Excusable
- Always compensated
- Safety only
Answer
B — Often excusable; see contract for cost relief.
9. Differing site conditions should be handled by:
- Proceeding without notice
- Prompt notice and await direction per contract
- Ignoring contract
- Billing later without backup
Answer
B — Follow notice & documentation.
10. Submittal approval generally:
- Changes scope automatically
- Does not change scope unless formally approved by change order
- Eliminates RFIs
- Sets retainage
Answer
B — Submittal review ≠ scope change.
11. A schedule of values is used to:
- Assign equipment
- Break down contract price for progress billing
- Replace insurance
- Track safety
Answer
B — Supports pay apps.
12. A conditional lien waiver should be exchanged:
- Before any payment information
- Upon receipt of payment
- Upon proof of payment clearing
- At bid time
Answer
C — Conditional → becomes effective when funds clear.
13. “Hold harmless” language is a form of:
- Indemnification
- Warranty
- Schedule float
- Bid alternate
Answer
A — Risk transfer clause.
14. A unit-price contract is best when:
- Quantities are uncertain
- Design is complete and fixed
- No measurements are needed
- Only lump sum is allowed
Answer
A — Units × measured quantities.
15. Cost-plus with a GMP means:
- No cap on cost
- Costs plus fee, capped at a guaranteed maximum
- No fee
- Time & materials only
Answer
B — Cost + fee, with ceiling.
16. A written notice requirement typically specifies:
- Nothing
- How and when to give notice, and to whom
- Only oral notice
- Owner signature color
Answer
B — Follow the clause.
17. Who is responsible for verifying sub COIs/endorsements meet contract terms?
- Owner
- GC/contractor
- Bank
- Inspector
Answer
B — Manage risk downstream.
18. Retainage is:
- Late fees
- Amount withheld until milestones/substantial completion
- Bond premium
- Sales tax
Answer
B — Held as security.
19. Flow-down clauses in subcontracts:
- Are unrelated to the prime contract
- Bind the sub to key prime contract obligations
- Eliminate insurance
- Replace safety rules
Answer
B — Mirror prime obligations.
20. A “for convenience” termination allows the owner to:
- Terminate only for default
- Terminate without contractor fault, per contract terms
- Ignore notice
- Eliminate payment
Answer
B — Contract governs rights & payment due.
21. A punch list is created to:
- List change orders
- Document incomplete or defective items to finish
- List vendors
- Record payroll
Answer
B — Closeout quality tool.
22. Warranty periods usually start at:
- Notice to proceed
- Bid opening
- Substantial or final completion per contract
- Permit issuance
Answer
C — Check the contract.
23. If an owner issues a change directive, the contractor should:
- Ignore it
- Proceed while preserving rights and converting to a signed change order per the contract
- Stop all work
- Bill at the end
Answer
B — Follow the directed change process.
24. Subcontractor substitution may be allowed:
- Never
- Only per the rules in the contract/solicitation
- Any time
- Only with bank approval
Answer
B — Follow listing/substitution rules.
25. The best defense against “scope creep” is:
- Oral promises
- Clear scope and written change orders
- No documentation
- Weekly parties
Answer
B — Control via paperwork.
26. Submittal logs track:
- Payroll
- What was submitted, reviewed, returned, and due
- OSHA inspections
- Bond riders
Answer
B — Manage information flow.
27. A written claim without backup is likely to:
- Succeed
- Fail
- Become a change order automatically
- Stop retainage
Answer
B — Provide documentation.
28. Daily reports help:
- Decorate files
- Prove manpower, equipment, weather, and impacts
- Replace contracts
- Set taxes
Answer
B — Evidence for claims.
29. “Substantial completion” generally means:
- Work is 50% done
- Work is sufficiently complete for its intended use
- Design is finished
- Closeout is waived
Answer
B — Milestone for occupancy and warranties.
30. If the owner suspends work, the contractor should:
- Ignore
- Secure site, document costs/time, and follow contract notice
- Abandon project
- Stop paying subs
Answer
B — Preserve rights.
31. Back-charges should be:
- Verbal
- Documented with notice and cost detail per contract
- Hidden
- Paid in cash
Answer
B — Provide notice & proof.
32. Liquidated damages (LDs) are:
- Punitive fines
- Pre-agreed damages for late completion
- Taxes
- Bond premiums
Answer
B — Time is money; LDs allocate risk.
33. A “no damages for delay” clause generally:
- Guarantees cost recovery
- Limits recovery to time extensions for certain delays
- Creates warranties
- Sets retainage
Answer
B — Check exceptions and local rules.
34. A BIM execution plan relates to:
- Insurance
- Digital coordination requirements
- Payroll
- Permits
Answer
B — Information modeling coordination.
35. If a sub refuses to sign required flow-down terms, the GC should:
- Proceed anyway
- Hold award until the subcontract matches the prime obligations
- Remove insurance
- Ignore safety
Answer
B — Keep contracts aligned.
36. An RFI is not a substitute for:
- Change order
- Daily report
- Schedule
- Submittal
Answer
A — RFIs clarify; COs change scope/price/time.
37. “Time is of the essence” means:
- Schedule dates are material terms
- Time is flexible
- No schedule
- Only final date matters
Answer
A — Deadlines are enforceable.
38. A dispute resolution clause may require:
- Meditation
- Mediation
- Meteorology
- Metallurgy
Answer
B — Often mediation → arbitration/litigation.
39. A claim for concealed conditions should include:
- No photos
- Photos, measurements, cost/time impact, timely notice
- Only weather logs
- Only emails
Answer
B — Build the record.
40. Engineers/architects typically:
- Set bond rates
- Interpret the contract documents and review submittals
- Run payroll
- Own the project
Answer
B — Design professional roles.
41. A contingency line item is used for:
- Profit only
- Unknowns within the contractor’s scope
- Paying taxes
- Owner’s fees
Answer
B — Risk budget.
42. A “pass-through” claim allows:
- Sub’s claim to be presented by the GC to the owner
- Owner to claim against sub directly always
- Designer to claim bond
- Bank to claim LDs
Answer
A — Common mechanism with certification.
43. If a schedule impact is likely, the contractor should:
- Wait until closeout
- Issue timely notice and update the critical path schedule
- Ignore CPM
- Stop all work
Answer
B — Preserve time rights.
44. “No oral modifications” means:
- Oral changes are okay
- Changes must be in writing as required by the contract
- Text messages suffice always
- RFIs are enough
Answer
B — Follow written process.
45. A T&M ticket supports:
- Lump-sum only
- Force-account or extra work tracking
- Payroll taxes
- Insurance audits
Answer
B — Field documentation.
46. An executed change order should adjust:
- Scope only
- Scope, price, and/or time
- Insurance only
- Bonds only
Answer
B — Complete modification.
47. A “cardinal change” refers to:
- A minor field tweak
- A fundamental change beyond the contract’s general scope
- Seasonal adjustment
- Punch list
Answer
B — Potentially a breach if forced.
48. Closeout often requires:
- No documents
- As-builts, O&M manuals, warranties, final waivers
- RFIs only
- Bid forms
Answer
B — Deliverables for turnover.
49. Payment apps should include:
- Approved change orders and retainage
- Only base bid
- No signatures
- Safety logs
Answer
A — Bill accurately.
50. The purpose of a notice-to-cure is to:
- Terminate immediately
- Give the other party a chance to fix a default within a set period
- Replace the default
- Approve COs
Answer
B — Contractual fairness step.
51. A “final completion” certificate usually means:
- Work can begin
- All contract requirements, closeout, and punch list items are done
- Design is 90%
- Owner paid deposit
Answer
B — End of contract performance.
52. If an owner requires Additional Insured status, the contractor should provide:
- Only a COI
- COI plus the required AI endorsements matching contract language
- No documents
- Bid tab
Answer
B — Endorsements govern.
53. “No waiver” clauses state that:
- Rights are waived by silence
- Not enforcing a right once doesn’t waive future enforcement
- All rights are gone
- Time is flexible
Answer
B — Preserve rights.
54. A progress payment usually requires:
- Nothing
- Proper invoice, updated schedule of values, waivers, and certifications as required
- Only a text message
- Final completion
Answer
B — Meet submittal requirements.
55. Force majeure events are typically:
- Predictable and controllable
- Unforeseeable events beyond control (e.g., natural disasters)
- Bid alternates
- Insurance endorsements
Answer
B — Check contract list.
56. “Back-to-back” timelines in a subcontract mean:
- Different deadlines
- Sub must meet the same notice/claim deadlines the GC has to the owner
- No notices
- Only verbal
Answer
B — Mirror obligations.
57. If the contract requires written notices by email to a specific address, the contractor should:
- Send texts
- Follow the notice clause exactly (address, timing, subject)
- Call only
- Use social media
Answer
B — Comply to preserve claims.
58. A bid alternate is:
- Unauthorized change
- An optional price for an alternative scope/material
- A delay claim
- A lien right
Answer
B — Owner selection after bid.
59. A “scope gap” occurs when:
- Two subs claim the same work
- No one has clearly included a portion of required work
- The owner adds an alternate
- The schedule is early
Answer
B — Avoid with clear packages.
60. The best time to raise a drawing/spec discrepancy is:
- After final completion
- Immediately via RFI/notice before it affects cost/time
- At warranty
- Never
Answer
B — Early notice preserves options.